Bill Text: NJ A1635 | 2016-2017 | Regular Session | Introduced
Bill Title: Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking and cyber-harassment under certain circumstances.
Spectrum: Moderate Partisan Bill (Democrat 15-2)
Status: (Engrossed - Dead) 2016-02-29 - Received in the Senate, Referred to Senate Judiciary Committee [A1635 Detail]
Download: New_Jersey-2016-A1635-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Co-Sponsored by:
Assemblywoman Vainieri Huttle, Assemblymen Prieto, O'Scanlon, Moriarty, DeAngelo, Burzichelli, Assemblywoman Quijano, Assemblyman Gusciora and Assemblywoman Caride
SYNOPSIS
Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking, and cyber-harassment under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning wiretap orders for certain crimes and amending P.L.1968, c.409.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1968, c.409 (C.2A:156A-8) is amended to read as follows:
8. The Attorney General, county
prosecutor or a person designated to act for such an official and to perform
his duties in and during his actual absence or disability, may authorize, in
writing, an ex parte application to a judge designated to receive the same for
an order authorizing the interception of a wire, or electronic or oral
communication by the investigative or law enforcement officers or agency having
responsibility for an investigation when such interception may provide evidence
of the commission of the offense of murder, kidnapping, gambling, robbery,
bribery, a violation of paragraph (1) or (2) of subsection b. of N.J.S.2C:12-1,
a violation of section 3 of P.L.1997, c.353 (C.2C:21-4.3), a violation of
N.J.S.2C:21-19 punishable by imprisonment for more than one year, a violation
of P.L.1994, c.121 (C.2C:21-23 et seq.), a violation of sections 1 through 5 of
P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5), a violation of N.J.S.2C:33-3, a
violation of N.J.S.2C:17-2, a violation of sections 1 through 3 of P.L.1983,
c.480 (C.2C:17-7 through 2C:17-9), a violation of N.J.S.2C:12-3 (terroristic
threats), violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and N.J.S.2C:35-5,
violations of sections 112 through 116, inclusive, of the "Casino Control
Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116), a violation of
section 1 of P.L.2005, c.77 (C.2C:13-8), a violation of N.J.S.2C:34-1
punishable by imprisonment for more than one year, arson, burglary, theft and
related offenses punishable by imprisonment for more than one year, [endangering
the welfare of a child pursuant to]
a violation of N.J.S.2C:24-4, luring or enticing a child pursuant to
section 1 of P.L.1993, c.291 (C.2C:13-6), impersonation or theft of identity
pursuant to N.J.S.2C:21-17, stalking pursuant to P.L.1992, c.209
(C.2C:12-10 et seq.), the third degree or fourth degree crime of cyber-harassment
pursuant to P.L.2013, c.272 (C.2C:33-4.1), escape, forgery and fraudulent
practices punishable by imprisonment for more than one year, alteration of
motor vehicle identification numbers, unlawful manufacture, purchase, use, or
transfer of firearms, unlawful possession or use of destructive devices or
explosives, weapons training for illegal activities pursuant to section 1 of
P.L.1983, c.229 (C.2C:39-14), racketeering
or a violation of subsection g. of N.J.S.2C:5-2, leader of organized crime, organized criminal activity directed toward the unlawful transportation, storage, disposal, discharge, release, abandonment or disposition of any harmful, hazardous, toxic, destructive, or polluting substance, or any conspiracy to commit any of the foregoing offenses or which may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the foregoing offenses.
(cf: P.L.2013, c.51, s.14)
2. This act shall take effect immediately.
STATEMENT
This bill would expand the wiretap statutes to authorize wiretap orders for investigation of the following crimes or a conspiracy to commit them: luring or enticing a child, impersonation or theft of identity, stalking, and cyber-harassment.
Current law authorizes wiretap orders for investigations of the following crimes or a conspiracy to commit them: murder; kidnapping; gambling; robbery; bribery; certain aggravated assault offenses; health care claims fraud; certain wrongful credit practices; money laundering; terrorism; false public alarms; causing or risking widespread injury or damage; certain damages to nuclear electric generating plants; terroristic threats; leader of a narcotics trafficking network; maintaining or operating an unlawful CDS production facility; unlawfully manufacturing, distributing or dispensing CDS; certain violations of the Casino Control Act; human trafficking; certain prostitution offenses; arson; burglary; certain theft offenses; endangering the welfare of a child; escape; certain forgery and fraudulent practices; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use, or transfer of firearms; unlawful possession or use of destructive devices or explosives; weapons training for illegal activities; racketeering; leader of organized crime, and organized criminal activity concerning certain hazardous substances.
